New Jersey DWI Penalties

Penalties for the First  DWI in New Jersey:

BAC of 0.08% to 0.10%

  • License suspension of 3 months
  • Up to 30 days of jail time
  • $250-$400 fine
  • 12 to 48 hours attending the Intoxicated Driver Resource Center (IDRC)
  • IDRC fee of $230
  • Alcohol Education and Rehabilitation Fund fee of $100
  • Drunk Driving Fund: $100
  • Neighborhood Services Fund: $75
  • Surcharges of $1,000 per year for 3 years.

BAC of 0.10% and higher

  • License suspension of 7 to 12 months
  • Fines from $300 to $500
  • Installation of an ignition interlock device for 6-12 months

Penalties for a Second DWI in New Jersey:

  • License suspension of 2 years minimum
  • Between 2 and 90 days in prison
  • $500-$1,000 in fines
  • 48 attending the Intoxicated Driver Resource Center (IDRC)
  • 180 hours of community service
  • Installation of an Ignition Interlock Device for 1 to 3 years
  • IDRC fee of $280
  • Alcohol Education and Rehabilitation Fund: $100
  • Drunk Driving Fund: $100
  • Neighborhood Services Fund: $75
  • Surcharges of $1,000 per year for 3 years.
  • $3,000 surcharge from your insurance company

Penalties for a Third DWI or more in New Jersey:

  • License suspension of 10 years
  • Over $1,325 in fines
  • $4,500 in surcharges
  • Installation of an Ignition Interlock Device permanently
  • 180 days in jail, 90 of which may be served in an alcohol treatment facility

Penalties of a DWI for a Commercial Driver:

First Offense

  • Suspension of commercial driver’s license of 1 year (3 years if transporting hazardous materials)
  • Suspension of basic driver’s license of 3 months (7 months if BAC was over 0.10%)
  • Up to $700 in fines ($800 if BAC was over 0.10%)
  • $3000 surcharge to the State over a 3 year period
  • $3000 surcharge from your insurance company
  • Possibly 1 month in prison
  • 12 hours attending an Intoxicated Driving Program (IDP) course
  • Installation of an ignition interlock device for 6 to 12 months if BAC was 0.15% or above.

Second Offense

  • Commercial driver’s license revoked for life
  • Suspension of basic driver’s license of 2 years
  • Up to $1,000 in fines
  • $3000 surcharge to the State over a 3 year period
  • At least $3000 surcharge from your insurance company
  • 90 days in jail
  • 48 hours in an IDP course
  • 30 days of community service
  • Installation of interlock device in your personal car for 1 to 3 years

Third Offense

  • Commercial driver’s license revoked for life
  • Suspension of basic driver’s license of 10 years
  • Up to $1,000 in fines
  • $4500 surcharge to the State over 3 year period
  • $3000 surcharge from your insurance company
  • 180 of mandatory jail time
  • 12-48 hours in an IDP course
  • Installation of interlock device in your personal car for 1 to 3 years

Penalties for a DWI in a School Zone in New Jersey:

First Offense

  • License suspension of 1-2 years
  • Fine between $500 and $800
  • Up to 60 days in jail

Second Offense

  • License suspension of 4 years
  • Fine between $1,000 and $2,000
  • 60 days of community service
  • Between 4 and 180 days in jail, 90 of which can be served through community service

Third Offense or more

  • License suspension of 20 years
  • Fine of $2,000
  • 180 days in jail without parole

Penalties for a DWI with a Suspended License in New Jersey:

First Offense

  • 10-90 days in jail
  • An additional 1-2 years of license suspension
  • Fines of up to $500
  • $750 in surcharges

Second and Subsequent Offenses

New Jersey treats the second and any subsequent DWS resulting from a DWI as a fourth degree crime. This means that if you’re convicted you’ll face both 18 months in prison without parole or probation.


Penalties for an Underage DWI in New Jersey:

  • License suspension from 1 to 3 months
  • If not licensed, postponed driving privileges from 1 to 3 months
  • 15 to 30 days of community service
  • Attending the Alcohol and Traffic Safety Education program

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